Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Home Affairs v NBCM [2019] FCAFC 199 Appeal from: NBCM v Minister for Home Affairs [2019] FCA 1013
File number(s): NSD 1169 of 2019
Judge(s): LOGAN, JAGOT AND THAWLEY JJ
Date of judgment: 18 November 2019
Catchwords: MIGRATION – visa cancelled on character grounds under s501(2) of the Migration Act 1958 (Cth) – whether the Tribunal erred in its treatment of the best interests of the minor children and minor grandchildren – whether the Tribunal took into account a consideration which was not relevant – whether the Tribunal failed to take into account cl 9.2(4)(d) of Direction 65 in failing to consider the impact of separation on minor children in Australia - appeal allowed
Legislation: Migration Act 1958 (Cth) ss 476A, 501(2), 501(6), 501(7)
Cases cited: DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Guo Wei Rong (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203
Date of hearing: 13 November 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 43
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